pd_recapturing
03-31 08:27 AM
This is definitely scary. I think, we need to kick start our campaign again in full throttle. Last time, we thought, things were changing and we kind of stopped our campaign. There was a Ombudsman link where they suggested to contact them if 485 is wrongfully denied. Did someone contact them?
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arkrish68
03-10 07:11 PM
620,249 I-485 applications to adjust status are pending applications
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Januar y09.pdf
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Januar y09.pdf
jsb
11-13 09:03 AM
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.
EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.
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flthere
07-14 09:39 AM
But aren't there sufficient applications received in July-Aug 2007 to use up all the numbers ?!? That's the loophole in your analysis. As per official reports, I believe close to 300k applications were received in those two months for AOS, true ?!?
I think it's just a game played by DHS and don't see any other reason to it. If any, the backlog center cases that were approved in Aug/Sep/Oct of 2007 are the only ones who couldn't apply in last year fiasco. But then since EB2 dates have come to Jun 2004 last month, many of those late approved filers may have already filed for their 485s leaving only those folks whose PDs are between June 2004 and May 2006 ... a guesstimate on this number might be around few hundreds at the most, possible ?!?
I think it's just a game played by DHS and don't see any other reason to it. If any, the backlog center cases that were approved in Aug/Sep/Oct of 2007 are the only ones who couldn't apply in last year fiasco. But then since EB2 dates have come to Jun 2004 last month, many of those late approved filers may have already filed for their 485s leaving only those folks whose PDs are between June 2004 and May 2006 ... a guesstimate on this number might be around few hundreds at the most, possible ?!?
more...
jchan
04-27 05:53 PM
I read through the bill but don't quite understand...if I am working for a client on H1B, will I need to stop working as soon as this bill takes effect? or it only applies to newly applied H1B's (or extension/transfer)?
reedandbamboo
07-30 12:32 AM
I read this on an investing forum:
old saying in commodities:
"they take the staircase up and the elevator down"
old saying in commodities:
"they take the staircase up and the elevator down"
more...
caliguy
10-27 02:01 PM
For all of you who have got standard responses from USCIS, please do something about it. Call the local senator, file DHS-7001 with CIS Ombudsman, send a letter to USCIS secretary Napolatino, call TSC using POJ method, etc, etc.
If you are current, they need to look at your file. Case under review means nothing at all....my case was under review since July 20, 2009. Finally, i found out that my file was sitting in the storage and collecting dust.
As other previous posters have mentioned, you should try calling TSC/NSC on Thursday/Friday evening. I found out that the IOs were in a better mood, as compared to my calls on other days (specially in the morning/afternoon).
If you need details on the IO I talked to, I can provide it to you offline. I am still trying to reach that IO (need to say a big thank you) but have been unable to talk to him/her so far.
If you are current, they need to look at your file. Case under review means nothing at all....my case was under review since July 20, 2009. Finally, i found out that my file was sitting in the storage and collecting dust.
As other previous posters have mentioned, you should try calling TSC/NSC on Thursday/Friday evening. I found out that the IOs were in a better mood, as compared to my calls on other days (specially in the morning/afternoon).
If you need details on the IO I talked to, I can provide it to you offline. I am still trying to reach that IO (need to say a big thank you) but have been unable to talk to him/her so far.
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sobers
02-21 11:47 AM
I sincerely believe NASSCOM should not ask Bush to raise H1B cap while he is there. It will create unnenecessary rukus in the U.S. media, and critics may contend that foreign institutions are trying to influence US immigraton policy.
Anyone with contacts in the Sofware Industry/NASSCOM please contact them (and Karnik) to let them know this will be counter-productive at this time. I'm not sure what these guys are thinking, sitting in their offices in Bangalore:(
Social Secuirity Reform for H1Bs is, on the other hand, a genuine financial concern and should be tackled immediately.
------------
Indo-Asian News Service
Bangalore, February 21, 2006
The National Association of Software and Service Companies (Nasscom) will take up the issue of enhancing the H1-B visa cap for Indian IT professionals during US President George W Bush's upcoming visit to India.
The present annual cap of 65,000 H1-B visas for Indian professionals was far too low and needed to be raised substantially to meet the growing industry demand, Nasscom president Kiran Karnik told reporters in Bangalore on Tuesday.
"Though there are no great issues with the US, we are concerned with the existing cap on H1-B visas, which continues to trouble us," Karnik said.
He added, "This is something even the US corporations are concerned about and share with us."
"We intend to take up the issue with President Bush during his forthcoming visit to India (March 1). Since the US administration too understands our needs, we hope they address it."
"Indications are some moves are afoot in this direction," Karnik said on the sidelines of the second Sino-India software industry cooperation summit.
Recalling how the number of H1-B visas for Indian professionals touched a peak of 195,000 annually not long ago, Karnik said the Indian IT industry would be comfortable if the cap was more than doubled from the present level.
"We are looking at a cap substantially high enough to bridge the demand-supply gap. We want market forces to be the deciding factor as the Indian IT industry is the major user of the H1-B visa," Karnik pointed out.
The other major issue worrying Nasscom is the social security system or totalization agreement for Indian professionals working in the US under H1-B visa.
"Even the high fee structure for H1-B visas is concern for us because Indian professionals are made to pay up taxes for social security without any benefit. Since the H1-B visas are only for three-to-six years and social security benefits flow only after 10 years, Indians stand to lose out on them," Karnik lamented.
To overcome the problem, Nasscom has suggested the US government could refund the tax deducted under the social security system at the end of the work permit on the lines of some European countries.
"We are not against the deduction per se. Collect the social security tax, but refund the amount when the person leaves for home, as is being done by some Scandanavian countries like Finland and Sweden," Karnik affirmed.
In fact, Nasscom is in talks with more countries to introduce a similar tax system for the benefit of Indian IT professionals going abroad on work permit visas for onsite work or executing projects over a long period.
Nasscom also plans to bring to Bush's notice the urgent need to hasten the process of issuing H1-B and L1 visas.
"We are not against safeguards for L1 visas, but new restrictions should not be adverse. We agree L1 visas should not be misused. But the process should not take too long," Karnik said.
While H1-B visas allow companies incorporated in the US to employ professionals from overseas, L1 visas is more temporary in nature and is issued for transfer of an employee from overseas to the US.
In this context, Nasscom hoped the opening up of a US consulate in Hyderabad soon would benefit the Indian IT firms in reducing the time taken to process their visa applications.
Anyone with contacts in the Sofware Industry/NASSCOM please contact them (and Karnik) to let them know this will be counter-productive at this time. I'm not sure what these guys are thinking, sitting in their offices in Bangalore:(
Social Secuirity Reform for H1Bs is, on the other hand, a genuine financial concern and should be tackled immediately.
------------
Indo-Asian News Service
Bangalore, February 21, 2006
The National Association of Software and Service Companies (Nasscom) will take up the issue of enhancing the H1-B visa cap for Indian IT professionals during US President George W Bush's upcoming visit to India.
The present annual cap of 65,000 H1-B visas for Indian professionals was far too low and needed to be raised substantially to meet the growing industry demand, Nasscom president Kiran Karnik told reporters in Bangalore on Tuesday.
"Though there are no great issues with the US, we are concerned with the existing cap on H1-B visas, which continues to trouble us," Karnik said.
He added, "This is something even the US corporations are concerned about and share with us."
"We intend to take up the issue with President Bush during his forthcoming visit to India (March 1). Since the US administration too understands our needs, we hope they address it."
"Indications are some moves are afoot in this direction," Karnik said on the sidelines of the second Sino-India software industry cooperation summit.
Recalling how the number of H1-B visas for Indian professionals touched a peak of 195,000 annually not long ago, Karnik said the Indian IT industry would be comfortable if the cap was more than doubled from the present level.
"We are looking at a cap substantially high enough to bridge the demand-supply gap. We want market forces to be the deciding factor as the Indian IT industry is the major user of the H1-B visa," Karnik pointed out.
The other major issue worrying Nasscom is the social security system or totalization agreement for Indian professionals working in the US under H1-B visa.
"Even the high fee structure for H1-B visas is concern for us because Indian professionals are made to pay up taxes for social security without any benefit. Since the H1-B visas are only for three-to-six years and social security benefits flow only after 10 years, Indians stand to lose out on them," Karnik lamented.
To overcome the problem, Nasscom has suggested the US government could refund the tax deducted under the social security system at the end of the work permit on the lines of some European countries.
"We are not against the deduction per se. Collect the social security tax, but refund the amount when the person leaves for home, as is being done by some Scandanavian countries like Finland and Sweden," Karnik affirmed.
In fact, Nasscom is in talks with more countries to introduce a similar tax system for the benefit of Indian IT professionals going abroad on work permit visas for onsite work or executing projects over a long period.
Nasscom also plans to bring to Bush's notice the urgent need to hasten the process of issuing H1-B and L1 visas.
"We are not against safeguards for L1 visas, but new restrictions should not be adverse. We agree L1 visas should not be misused. But the process should not take too long," Karnik said.
While H1-B visas allow companies incorporated in the US to employ professionals from overseas, L1 visas is more temporary in nature and is issued for transfer of an employee from overseas to the US.
In this context, Nasscom hoped the opening up of a US consulate in Hyderabad soon would benefit the Indian IT firms in reducing the time taken to process their visa applications.
more...
misanthrope
10-03 11:56 AM
Ok here is my question how come all EB3 are "body shopped consulants" and what are EB2 ? "High profiled consulatants" ? I want to know what is gctest ?
there is nothing wrong in expressing but taking a category and calling them body shoped is not the right way to express ...
You have a valid point about gctest. But again, there is no way EB2/EB3 gets to port to EB1. If it was so, then it would be a chaos here. Only porting that happens is E3 to EB2 and may be that's why he used EB3 in his post.
Maybe he really meant that or maybe he didn't. That's again up to one's perspective.
you think you are having a logical and polite conversation - thats the ignorance part .
Prove it. All my posts are here in this thread and tell me how am I NOT having a logical and polite conversation.
there is nothing wrong in expressing but taking a category and calling them body shoped is not the right way to express ...
You have a valid point about gctest. But again, there is no way EB2/EB3 gets to port to EB1. If it was so, then it would be a chaos here. Only porting that happens is E3 to EB2 and may be that's why he used EB3 in his post.
Maybe he really meant that or maybe he didn't. That's again up to one's perspective.
you think you are having a logical and polite conversation - thats the ignorance part .
Prove it. All my posts are here in this thread and tell me how am I NOT having a logical and polite conversation.
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WeShallOvercome
07-18 02:39 PM
i called a couple of times spoke to Inf officer at NSC ,
&& she told she was not aware of cases where NSC has created rejection letters and sent them also she added they just completed june filers and will be starting to proceed with JULY .
Now reg. my processing times:
Applied Jun 30
Receipt Jul 2 9:54 : FedEx
status : On Hold ?
Checks : Not cashed Yet
She also adviced most probably i should receive some kind of communication before end of july !!
That's great news !!
&& she told she was not aware of cases where NSC has created rejection letters and sent them also she added they just completed june filers and will be starting to proceed with JULY .
Now reg. my processing times:
Applied Jun 30
Receipt Jul 2 9:54 : FedEx
status : On Hold ?
Checks : Not cashed Yet
She also adviced most probably i should receive some kind of communication before end of july !!
That's great news !!
more...
natrajs
09-23 09:29 PM
Recd the cards today (9/23/09)
CPO E Mail recd on (9/15/09)
Thank Q IV
Good Luck to all
CPO E Mail recd on (9/15/09)
Thank Q IV
Good Luck to all
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arupkumarsaha
02-01 12:58 PM
Wondering why USA citizens does not learn ERP/CRM applications when there is such high demand in these fields . Any thoughts ? May be they are pure lazy ? May be they think that if they are kind enough to study BS/MS that automatically entitles them to such jobs and they need not to put up any extra mental effort to learn some functional stuff .
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Life2Live
01-31 10:34 AM
Under Most popular 10 and 23 looks more or less same so vote for both. Question number 38 on Democractic Candidate now.
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chanduv23
04-28 01:46 PM
UN,
Have there been any updates on this case that you are at liberty to share?
Thanks in advance.
Ok, lets not confuse this case with Ability to pay and get worried about that stuff. I spoke to another person who contacted me and is having the same issue. His 140 was revoked 2 years back and at that time he got a NOID and responded in a timely manner and he was fine. Now he has a denial on 485 stating that his 140 was revoked 2 years back.
This person is neither desi nor did he worked for desi consulting company or had ability to pay issues and has applied for MTR and waiting.
All that float on internet is "indivisdual prespectives" and "interpretations". So do not think too much about it.
AC21 guidelines are clear - you can refer to them on DHS website, Ombudsman's page, USCIS website etc....
From what I have been seeing and as I did a lot of research and continue to do, 140 revocation and 485 denial does have a pattern and this seems to be a procedural or a serious training issue.
Thats why IV core suggests that we have to collectively gettogether and fix this issue and any other issue.
Have there been any updates on this case that you are at liberty to share?
Thanks in advance.
Ok, lets not confuse this case with Ability to pay and get worried about that stuff. I spoke to another person who contacted me and is having the same issue. His 140 was revoked 2 years back and at that time he got a NOID and responded in a timely manner and he was fine. Now he has a denial on 485 stating that his 140 was revoked 2 years back.
This person is neither desi nor did he worked for desi consulting company or had ability to pay issues and has applied for MTR and waiting.
All that float on internet is "indivisdual prespectives" and "interpretations". So do not think too much about it.
AC21 guidelines are clear - you can refer to them on DHS website, Ombudsman's page, USCIS website etc....
From what I have been seeing and as I did a lot of research and continue to do, 140 revocation and 485 denial does have a pattern and this seems to be a procedural or a serious training issue.
Thats why IV core suggests that we have to collectively gettogether and fix this issue and any other issue.
more...
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krishmunn
01-24 07:29 AM
I have read in several forum that one cannot form own company and sponsor H1 through that. The logic is sponsoring H1 is work and you cannot work without H1.
I think it is acceptable logic. Otherwise many would have sponsored H1 for self.
Check with some attorney.
I think it is acceptable logic. Otherwise many would have sponsored H1 for self.
Check with some attorney.
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gk_2000
04-18 03:57 PM
Hearty congratulations! Your story is most heart warming
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
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kumar1
10-03 09:56 AM
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
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sledge_hammer
01-28 04:18 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
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unchew
06-05 07:59 PM
hey B3NKobe, have you submitted something yet?
chanduv23
03-20 02:24 PM
Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the law...at least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".
While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.
They do care about employees. They just can't handle immigration and visa issues. It is too complicated for a lot of employees. For a lot of employers, the term H1b visa or sponsership gives "jitters".
While a lot of employers look at things from their perspective, they do understand all issues that you face. It all depends on how important you are and if your absence would make a difference. If you are irreplacable, and employer thinks they must keep you at any cost, then they will do it, or you have to take care of yourself.
vsrinir
09-17 12:01 PM
Here is the link
http://judiciary.house.gov/hearings/calendar.html
click on todays date.
It will pop up
http://judiciary.house.gov/hearings/calendar.html
click on todays date.
It will pop up
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